Background
Summary Judgment Briefing on "Post-Tulloch" Rule National Association of Home Builders, et al. v. U.S. Army Corps of Engineers, et al.,D.D.C. No. 01cv274 JR (and consolidated case 01cv320 JR)
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Summary Judgment Motions (March 2003) National Association of Home Builders (plaintiff): Download PDF National Stone, Sand and Gravel Association; American Road and Transportation Builders Association; and Nationwide Public Projects Coalition (plaintiffs): Download PDF Oppositions/Cross-Motions (April-May 2003) U.S. Army Corps of Engineers; Gregory Dahlberg, Acting Secretary of the Army; Joseph Westphal, Assistant Secretary of the Army for Civil Works; Lt. Gen. Robert B. Flowers, Chief of Engineers, U.S. Army Corps of Engineers; United States Environmental Protection Agency; and Marianne Horinko, Acting Administrator of the U.S. Environmental Protection Agency (defendants): Download PDF National Wildlife Federation; North Carolina Wildlife Federation; and Sierra Club (intervenor-defendants): Download PDF Replies/Oppositions (May 2003) National Association of Home Builders (plaintiff): Download PDF National Stone, Sand and Gravel Association; American Road and Transportation Builders Association; and Nationwide Public Projects Coalition (plaintiffs): Download PDF Pacific Legal Foundation (amicus): Download PDF Replies (June-July 2003) U.S. Army Corps of Engineers; Gregory Dahlberg, Acting Secretary of the Army; Joseph Westphal, Assistant Secretary of the Army for Civil Works; Lt. Gen. Robert B. Flowers, Chief of Engineers, U.S. Army Corps of Engineers; United States Environmental Protection Agency; and Marianne Horinko, Acting Administrator of the U.S. Environmental Protection Agency (defendants): Download PDF National Wildlife Federation; North Carolina Wildlife Federation; and Sierra Club (intervenor-defendants): Download PDF Notices of Recent Developments (June-July 2003) Joint Notice of Recent Developments by Plaintiffs National Association of Home Builders, et al., (June 10, 2003): Download PDF Second Joint Notice of Recent Developments by Plaintiffs National Association of Home Builders, et al., (July 31, 2003): Download PDF


